Human rights are universal; all humans possess these rights, regardless of race, colour, creed, sex, age, class, language, national origin, political belief. All human beings should enjoy all human rights. So, migrant workers have human rights. The key question for trade unionists and migrant workers is: How well do laws (and practice) protect the rights of migrant workers (including their rights at work) while at the same time protecting national workers? In fact the best way to protect national workers is to ensure protection of migrant workers as well, so as not to permit employers to place workers in competition with each other.

Migrant workers' rights to equal treatment should be respected. The ILO has two international Conventions making provisions for this. These Conventions, together with the UN Convention on migrant workers form the basis of a rights-based approach to labour migration.